RPD officially serves Howard

Former council candidate receives a court date in ongoing nuisance case.

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By Jack Barnwelljbarnwell@ridgecrestca.com

Ridgecrest Daily Independent - Ridgecrest, CA

By Jack Barnwelljbarnwell@ridgecrestca.com

Posted Dec. 5, 2012 at 12:00 PM

By Jack Barnwelljbarnwell@ridgecrestca.com

Posted Dec. 5, 2012 at 12:00 PM

Ridgecrest Police Department officially served Ridgecrest resident William Dale Howard with a citation Tuesday morning, setting a date to appear in court on Jan. 16, 2013.

According to RPD Capt. Paul Wheeler, Howard was issued a citation at his home in the 1100 block of Mayo Street on 13 misdemeanor counts.

The Kern County District Attorney’s office filed the charges on Thursday, Nov. 29.

“I’m pleased we’re going forward with this,” Wheeler said Tuesday. “This is something that has been going on far too long.”

While the court set a bail at $32,500, Wheeler confirmed Howard was not required to pay it.

Howard faces 12 misdemeanor counts of violating Section 372 of the California Penal Code, or maintaining a public nuisance, and one count of violating section 20-8.2 of the Ridgecrest municipal code, or violating land use in violation of zoning.

Howard is accused of violating the penal code because the properties listed are filled with various possessions. According to Wheeler, many of his properties fall under the category of a “junkyard,” which is not allowed in single-family and estate residential areas.

A previous case containing 37 misdemeanor charges against Howard filed in Jan. 2011 was dropped in August 2012 by the DA’s office due to the case’s age.

In addition to the criminal case, Howard faces a civil lawsuit that includes a receivership act filed by the city on Sept. 19. The first court date is set for March 18, 2013 at the Kern County Superior Court in Bakersfield.

The receivership act against Howard falls under Section 17920 of the California Health and Safety Code, which includes classifying properties as a nuisance.

Should the court find in favor of the city, a court-approved receiver would take control of Howard’s properties and remove anything that violated the California Penal Code or city ordinances.

Howard said Tuesday he was looking forward to his day in court.

“These charges seem to be the same ones they (the DA) dropped the last time,” Howard said of the charges.

Howard confirmed that he keeps peacocks on his property, and said it was legal to keep them.

“I have had peacocks and other animals since 1959,” Howard said. “They were with legal with the county then and they’re legal now.”

Ridgecrest fell under Kern County laws until 1963, when the city was incorporated and began establishing its own municipal code.

The DA’s office filed the charge for violating city zoning ordinances to thread the case together. In a prior interview, deputy district attorney Scott Garver said the zoning section excluded peacocks or any other farm animals from being kept in single family residential properties.

Page 2 of 2 - Howard maintained he is entitled to his constitutional rights and would move forward with defending himself in court.

“I look forward to going before a fair and impartial judge and jury,” Howard said. “You can’t just quit something because some says they don’t like what you’re doing.”